If a justice has a conflict, then a senior judge who previously served on the Supreme Court participates on the case, and if two justices have conflicts, then two such senior judges participate. In those situations, the case is decided by a seven-member court. An exception is when more than two sitting justices have conflicts; in that instance, only two senior judges may participate, and so the case is decided by a six-member court. See ORS 2.111(5) (no more than two senior judges may sit on a Supreme Court case considered en banc). (Last updated 2/24/23)